Comment on Public Spending on the Rights of the Child and has released a draft
version for comment.3 The Commission further refers to the recent focus of the UN
Human Rights Council and the Office of the High Commissioner for Human Rights
on “better investment in the rights of the child”.4
13.
The New Zealand Government is yet to develop a budgetary mechanism to enable it
to specify allocations targeted at children, track the implementation of those
allocations, and monitor results and impact, as the Committee recommended in 20115.
Assessing the children’s rights impact that a new funding model may have on children
who come into contact with the child protection sector will therefore be difficult given
current structural limitations.
14.
However, the introduction of a new funding model also provides an opportunity for a
child’s rights impact assessment (CRIA) mechanism to be developed and incorporated
within its framework. The Commission notes that the Committee has indicated in its
Draft General Comment on Public Spending and the Rights of the Child that CRIAs
have an important function in budgetary and spending processes, particularly those
should focused on children in vulnerable situations.6
15.
In addition, any movement to outsource the delivery of child protection services to
private for-profit providers, ought to involve consideration of the application of the
UN Guiding Principles on Business and Human Rights (UNGPs) to the reform
process. This issue was traversed in the Committee’s previous examination of New
Zealand, where it noted that the New Zealand Government had yet to adopt corporate
social responsibility parameters based on the UNGPs and accordingly encouraged the
establishment of regulations to do so.7
16.
The New Zealand Government is yet to take any concrete steps towards incorporating
the UNGPs within its policy and regulatory frameworks. The Commission considers
that the Government’s apparent policy direction as regards the funding and delivery of
CYF services, and other social services that are delivered to children, provides a
compelling basis for such steps being taken.
17.
Furthermore, application of the UNGPs would support the inclusion of children’s
rights compliance and monitoring mechanisms within the terms of any instrument that
delegates functions from a central government agency to an external commissioning
or service delivery agent.
3
General Comment No 19 (2016): On Public Spending and the Rights of the Child, Draft Version 11 June 2015,
CRC/C/GC/19
4
A/HRC/28/33, A/HRC.30/62
5
CRC/C/NZL/3-4 paragraphs 16 and 17
6
General Comment No 19 (2016): On Public Spending and the Rights of the Child, Draft Version 11 June 2015,
CRC/C/GC/19 paragraph 55
7
CRC/C/NZL/3-4 paragraphs 23 and 24
3